The Federal High Court has released a circular addressing matter arising from the posting of Judges.
According to the circular made available to TheNigeriaLawyer on Tuesday which dated 28th May 2021 and signed by the Chief Judge Hon. Justice John T. Tsoho contained matters on amendment of instructions relating to the management of Criminal and Civil cases as it arises from posting of Judges.
(a) CRIMINAL CASES
(i) Where trial de novo of part-heard cases will occasion much hardship to the parties, the trial judge may be required to conclude same, upon application for and issuance of fiat to that effect.
(ii) All pending Judgements Rulings and capable of terminating cases, which have been written and printed out especially during the period of the JUSUN strike action, maybe delivered, even without the necessity of fiat. In any other situation, fiat must be sought and obtained to deliver Judgements and Rulings outside of the Judge’s Judicial Division.
(b) CIVIL CASES
Matters that have been tried up to the stage of defense are to be concluded with the issuance of fiat especially where parties are disposed to follow the trial Judge to the new station.
It further stated that the new instruction supersedes any earlier instructions in that regard.
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